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2025 DAILYLAW 15355 (UTT)

DHARMPAL SINGH v. STATE OF UTTARAKHAND

WPSS/1230/2023 · 2025-11-11

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9940 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1230/2023 Hon’ble Manoj Kumar Tiwari, J. None for the petitioner. Mr. Narayan Datt, Standing Counsel, for the State. (2) Petitioner is serving as Lecturer (English). He was transferred from GIC, Banskhera, Kashipur, District Udham Singh Nagar to GIC, Padampur Midar, Block Okhalkanda, District Nainital, vide order dated 26.6.2023. Thus feeling aggrieved, petitioner has filed this writ petition. (3) Learned State Counsel submits that petitioner served at Sugam places for 17 years and 11 months and at Durgam places only for 5 years, therefore petitioner was transferred as per the provisions of Transfer Act. Thus he submits that any interference with the transfer order would be unwarranted. (4) The order sheet reveals that coordinate Bench had declined to pass any interim order, observing that since petitioner’s representation against transfer is pending before the competent authority and there are directions issued by the authorities that till decision is taken on his representation, petitioner shall not be relieved. (5) Decision on petitioner’s representation must have been taken long back. However, what decision was taken on his representation is not known. Be that as it may, since petitioner’s transfer was necessitated because of the fact that he had served for nearly 18 years at Sugam 2025:UHC:9940 places and the transfer order was passed strictly as per the provisions of Transfer Act, therefore, this Court is not inclined to interfere in the matter. Writ petition is, however, disposed of with liberty to the petitioner to make a representation to the competent authority, if he is still aggrieved by the transfer order. If he makes such representation within two weeks from today, competent authority shall take decision thereupon within six weeks thereafter. (Manoj Kumar Tiwari, J.) 11.11.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.11 17:57:44 +05'30' 2025:UHC:9940